S-1414 - 01/27/2015 - PLANNED DEVELOPMENT - Ordinances��nV�Y�MiFRED NiMYBU C�NHO'LZDUPAGE COUNTY RECORDER
MAR.05,2015 9:15 AM
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063 OTHER$89-000P201506- 2a 020966
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2015-ZO-PUD-EX-S-1414 AN ORDINANCE APPROVING A
PLANNED DEVELOPMENT (THEATER BUILDING AND REDEVELOPMENT OF THE UPPER LEVEL
BUILDING G) OAKBROOK SHOPPING CENTER IN THE VILLAGE OF OAK BROOK ILLINOIS
Property Address/es Oakbrook Shopping Center — Property has no legal address — ONLY If
necessary for filing purposes, it could be listed as 100 Oakbrook Center — Theater Building and
Upper Level of Building G, located in Oak Brook Illinois 60523
PIN No(s). _ 06-23-300-049 (portion);
Name and Address of Applicant: Oakbrook Shopping Center LLC
c/o General Growth Properties
110 N. Wacker Drive
Chicago IL 60606
Name and Address of Responsible: Same - Attn: Michael Ben-Isvy
Party to Receive Copy of
Recorded Document and Billino
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on January 27, 2015 the corporate
authorities of the above municipality passed and approved:
ORDINANCE 2015-ZO-PUD-EX-S-1414
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(THEATER BUILDING AND REDEVELOPMENT OF THE UPPER LEVEL OF BUILDING G)
OAKBROOK SHOPPING CENTER
IN THE VILLAGE OF OAK BROOK, ILLINOIS
I DO FURTHER CERTIFY that the original document, of which the annexed copy
is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 24th day of February 2015.
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2015-ZO-PUD-EX-S-1414
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(THEATER BUILDING AND REDEVELOPMENT OF THE UPPER LEVEL OF BUILDING G)
WHEREAS, Oakbrook Shopping Center, LLC ("Applicant'D is the current Owner (as
defined in Section 5.E of this Ordinance) of the real property located in the Oakbrook Center in
Oak Brook, Illinois, within the Village's B2 Regional Shopping Center Zoning District and the
Village's Planned Development Overlay District, and legally described in Exhibit A
("Property's; and
WHEREAS, pursuant to Chapter 15 of the "Zoning Ordinance of the Village of Oak
Brook, Illinois of 1966," as amended ("Zoning Regulations', the Applicant has filed an
application with the Village seeking approval for a Planned Development (collectively the
"Planned Development') to include, without limitation: (i) the construction of a new building
that includes a 12 -screen movie theater and a parking structure for at least 475 vehicles
("Theater Building'; and (ii) the redevelopment and configuration of a portion of the upper
level of Building G (as identified in the Location Plan 1, Location Plan 2, and Section Diagram
in Group Exhibit C to this Ordinance) to create a restaurant and casual dining zone and an
open-air corridor connecting the upper level of Building G to the Theater Building ("Upper Level
Redevelopment'j, all as more fully described in the application attached to, and hereby made
a part of, this Ordinance as Exhibit B ("Application'D; and
WHEREAS, the President and Board of Trustees conducted a preliminary review of the
proposed Planned Development at their October 14, 2014 meeting, at which time the President
and Board of Trustees directed the Village's Community Development Director to prepare a
report on the Application for the Village's Planned Development Commission ("PDC', and
referred the Application to the PDC for the purpose of conducting a public hearing; and
WHEREAS, pursuant to notice duly published in accordance with state law and Section
13-15-5C.2 of the Zoning Regulations, the PDC commenced and concluded a public hearing on
December 11, 2014, for the purposes of hearing and considering testimony on the Applicant's
request for approval of the Planned Development; and
WHEREAS, during the public hearing before the PDC, representatives of the Applicant
presented oral and written testimony, including without limitation the following exhibits:
1. Location Plan 1 and Location Plan 2 prepared by Omniplan Architects, consisting
of 2 sheets and dated November 12, 2014;
2. Level P1 Diagram prepared by Omniplan Architects, consisting of 1 sheet and
dated November 12, 2014;
3. Level P2A Diagram prepared by Omniplan Architects, consisting of 1 sheet and
dated November 12, 2014;
4. Level P3 & M1 Diagram prepared by Omniplan Architects, consisting of 1 sheet
and dated November 12, 2014;
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An Ordinance Approving A Planned Development
(Oakbrook Shopping Center —Theater Building and Upper Level of Building G)
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5. Level M2 Diagram prepared by Omniplan Architects, consisting of 1 sheet and
dated November 12, 2014;
6. Representative Imagery of Theater Interior Build -out consisting of 1 sheet and
dated November 12, 2014 ("Theater Photos");
7. Perspective depicting the south entrance to the Theater Building and north end of
the Corridor (as defined below) within the Upper Level Redevelopment prepared
by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014 (the
"South Perspective");
8. Section Diagram prepared by Omniplan Architects, consisting of 1 sheet and
dated November 12, 2014;
9. Schematic Elevation -1 prepared by Omniplan Architects, consisting of 1 sheet
and dated November 12, 2014;
10. Schematic Elevation -2 prepared by Omniplan Architects, consisting of 1 sheets
and dated November 12, 2014;
11. Perspective depicting the north fagade of the Theater, consisting of 1 sheet and
dated November 12, 2014 (the "North Perspective");
12. Parking Deck Site Plan prepared by Omniplan Architects, consisting of 1 sheet
and dated November 12, 2014;
13. Parking Deck Planting Details prepared by Omniplan Architects, consisting of 1
sheet and dated November 12, 2014;
14. Exterior Facades/Surfaces/Lighting Details prepared by Omniplan Architects,
consisting of 6 sheets and dated November 12, 2014 (together with items 9, 10
and 11 listed above, the "Initial Signage Plans");
15. Parking Ratio Exhibit prepared by Omniplan Architects, consisting of 1 sheet and
dated November 12, 2014 (the "Parking Ratio Exhibit");
16. Floor Plans - P1A & P2A prepared by Omniplan Architects, consisting of 1 sheet
and dated November 12, 2014;
17. Floor Plans - P3 & M2 prepared by Omniplan Architects, consisting of 1 sheet
and dated November 12, 2014;
18. Drainage Exhibit prepared by Ohiniplan Architects, consisting of 1 sheet and
dated November 12, 2014;
19. Pervious Area Exhibit prepared by Omniplan Architects, consisting of 1 sheet
and dated November 12, 2014;
20. Utility Exhibit prepared by Omniplan Architects, consisting of 1 sheet and dated
November 12, 2014 (the "Utility Exhibit");
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An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
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21. Photometric Exhibit prepared by Omniplan Architects, consisting of 1 sheet and
dated November 12, 2014;
22. The AMC Oakbrook 12 Exterior Signage prepared by AMC Domestic
Development, consisting of 8 sheets and dated November 26, 2014
("Supplementary Signage Plans';
copies of which are attached to, and by this reference made a part of, this Ordinance as Group
Exhibit C (collectively, the "Plans'); and
WHEREAS, following the conclusion of the public hearing, the PDC adopted findings of
fact and recommended that the Village Board approve the Planned Development to permit the
development and operation of the Planned Development the Property pursuant to the resolution
and recommendation letter attached hereto as Exhibit D; and
WHEREAS, the President and Board of Trustees, having considered the
recommendations of the PDC and being fully advised in the premises, have determined that the
Application satisfies the design standards set forth in Sections 13-15-313 and 13-15-3C of the
Zoning Regulations; and
WHEREAS, the President and Board of Trustees have further determined that it is in the
best interests of the Village and its residents to approve the Planned Development to permit the
development and operation of the Planned Development on the Property pursuant to Section
13-15-5D of the Zoning Regulations, subject to the terms and conditions of this Ordinance; and
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS
as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into and made a
part of this Ordinance as if fully set forth in this Section.
Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the
Village's Zoning Regulations, and subject to the conditions set forth in Section 5 of this
Ordinance, the Planned Development shall be, and is hereby, approved to permit the
development and operation of the Planned Development on the Property.
Section 3: Zoninq Map Notation. Pursuant to Section 13-15-7B of the Village's
Zoning Regulations, the Village Manager or his designee is hereby authorized and directed to
administratively note on the Village's official zoning map the existence and boundaries of the
Planned Development for the Planned Development approved pursuant to this Ordinance.
Notwithstanding provisions in the Zoning Regulations to the contrary, including but not limited to
Subsection 13-15-2(D), buildings and uses on the Property shall not be limited solely to those
approved as part of this Ordinance, in that the Property may continue to be used and improved
in accordance with the Zoning Regulations applicable to the underlying B2 Zoning District.
Section 4: Site Development and Use Departures. Pursuant to Section 13-15-4 of
the Zoning Regulations, and subject to the conditions and restrictions set forth in this Ordinance,
the President and Board of Trustees hereby approve the following site development and use
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An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
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departures for the Planned Development and the Property:
A. The provisions of Section 13-7-3-B of the Zoning Regulations are hereby waived
to the extent necessary to allow the area identified as the "Corridor" on the Level
M2 Diagram in the Plans attached hereto as Group Exhibit C (the "Corridor'%
which is part of the Upper Level Redevelopment, to have the following uses
occur outside completely -enclosed buildings: outdoor dining for restaurants,
outdoor ticket kiosks, and a Specialty Retail Program. For purposes of this
Ordinance and the Property, "Specialty Retail Program" shall mean: (a) kiosks
and portable carts for preparation, sale and consumption of food and beverages,
outdoor seating for adjacent restaurants, sale of prepackaged food and
beverages, packaged food gift items not intended for immediate consumption
and nonfood merchandise, (b) product introduction or promotional activities, and
(c) entertainment, such as live and recorded music. Without limiting the
foregoing, building areas adjacent to the Corridor also may have retractable
walls.
B. The provisions of Section 13-78-1 and Section 13-713-2 of the Zoning
Regulations are hereby waived to the extent necessary to permit the following as
permitted uses within the Corridor: (1) outdoor dining for restaurants, (2) outdoor
ticket kiosks, and (3) the Specialty Retail Program satisfying the applicable
criteria set forth in Section 13-713-2 of the Zoning Regulations and attached
hereto as Exhibit E, including entertainment, recreational and private events.
C. The provisions of Sections 13-11-4, 13-11-7, and 13-11-9-B are hereby waived to
the extent necessary to permit the installation of signage on the Theater
Building's north, east, and west facades substantially consistent with the Initial
Signage Plans as supplemented by the Supplementary Signage Plans attached
hereto as Group Exhibit C.
D. The provisions of Sections 13-15-7-C, 13-15-7-D and 13-15-7-H are hereby
waived to the extent necessary to permit the Planned Development to be
constructed in accordance with the "Oakbrook Center Theater Planned
Development Project Schedule Statement," a copy of which is attached to, and
by this reference made a part of, this Ordinance as Exhibit F.
Section 5: Conditions of Approval. The approvals granted in Sections 2, 3, and 4 of
this Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by
the following conditions, the violation of any of which shall, in the reasonable discretion of the
President and Board of Trustees, be grounds for the repeal and revocation of the approvals
granted herein:
A. No Authorization of Work. No development, improvement, or use to be
undertaken on the Property pursuant to this Ordinance shall be commenced until
all of the following conditions have been satisfied: (i) passage, approval, and
publication of this Ordinance in pamphlet form in the manner provided by law; (ii)
the Applicant has caused a duly authorized person to execute and file with the
Village the Applicant's unconditional agreement and consent, in the form
attached hereto as Exhibit G and in the time frame required by Section 8 of this
Ordinance 2015-ZO-PUD-EX-S-1414
An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
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Ordinance (as executed and filed, the "Unconditional Agreement and
Consent'D; and (iii) all other permits, approvals, and other authorizations
applicable to such development, improvement, or use have been properly
applied for, paid for, and granted in accordance with applicable law.
B. Compliance with Laws / Outdoor Dining. Except as specifically provided in
Section 4 of this Ordinance, all applicable ordinances and regulations of the
Village shall apply to the Planned Development and the Property. Further, the
development and use of the Planned Development and the Property shall be in
compliance with all laws and regulations of all other federal, state, and local
governments and agencies having jurisdiction over the Planned Development or
the Property. Without limiting the generality of the foregoing, serving of alcohol
within the outdoor dining and seating areas of the Property shall not be permitted
as of right. Service of alcohol within any portion of the Property shall require
issuance of a specific liquor license from the Village for the subject premises in
accordance with Chapter 1, Title 4 of the "Village Code of the Village of Oak
Brook, Illinois" as amended (the "Village Code"). Any such license approval may
impose such conditions as the Village Liquor Control Commissioner deems
necessary to ensure that the subject portion of the Property where liquor is to be
served will be sufficiently fenced, monitored, and otherwise controlled to: (i)
prevent customers from removing liquor from the licensed premises; (ii) prevent
anyone other than customers or employees of the licensed premises from
accessing liquor within the licensed premises; and (iii) protect the health, safety,
and general welfare of the Village.
C. Compliance With Plans. The Planned Development, including without limitation
the Theater Building, the Upper Level Redevelopment, and Specialty Retail
Program shall be used, developed, and operated in substantial conformance with
the Plans and provisions of this Ordinance, including but not limited to the Site
Development and Use Departures approved in Section 4. Without limiting the
foregoing:
The Theater Photos, South Perspective and North Perspective are
illustrative rather than technical Plans; provided, however, that this
Section 5.C.1 shall not be construed to relieve the Applicant of its
obligation to use, develop, and operate the Planned Development in
substantial conformance with the Plans.
2. As noted in Section 4 of this Ordinance, the Supplementary Signage
Plans supplement the Initial Signage Plans, and both of the foregoing are
illustrations of the controlling signage parameters, which signage
parameters are as follows.. The north facade of the Theater Building will
have no more than 6 signs (one for the cinema tenant, no more than four
other tenant signs, and a sixth sign, denoting IMAX, but only if the theater
has IMAX capabilities). The anchor (cinema) tenant will be identified
towards the top of the left section, with an individual letter sign that is
colored (not white) and both internally and externally illuminated. If the
Theater Building has IMAX capability, IMAX may be denoted in a sign to
the right of the cinema sign. The cinema signs (excluding IMAX
Ordinance 2015-ZO-PUD-EX-S-1414
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(Oakbrook Shopping Center — Theater Building and Upper Level of Building G)
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references) will not exceed 280 square feet in area, 8' in height or 33' in
width. The IMAX signs (if any) will not exceed 50 square feet in area, 3' in
height or 16' in width. Up to four other tenant signs may be located within
the bottom left quarter of this north facade (with exact locations to be
identified at point of permitting). None of these other tenant signs will
exceed 8' in height or 280 square feet in area. Like the anchor tenant
signs, these lower tenant signs may be both internally and externally
illuminated. None of the foregoing will box signs, which are expressly
prohibited. This Section 5.C.2 shall not be construed to relieve the
Applicant of its obligation to use, develop, and operate the signage within
the Planned Development in substantial conformance with the Plans.
3. The Parking Ratio Exhibit shows one potential layout for the parking
areas to be constructed within the Theater Building, but the final layout
may differ in terms of aisle and parking stall locations so long as no fewer
than 475 parking spaces are provided. The Parking Ratio Exhibit also
contained certain preliminary floor area calculations that do not yet reflect
final engineering or as -built conditions. This Section 5.C.3 shall not be
construed to relieve the Applicant of its obligation to use, develop, and
operate the Planned Development in substantial conformance with the
Plans and meet the technical design requirements for parking lots and
spaces as set forth in the Village Code.
4. The Utility Exhibit was prepared prior to the development of final
engineering plans and related Village reviews. The final utility plan for the
Planned Development will be developed by Applicant and subject to
review and approval by the Village Engineer.
D. Fees and Costs.
Applicant shall be responsible for paying all applicable fees relating to the
approval of this Ordinance.
2. Applicant shall pay all fees applicable to Applicant's development and use
of the Planned Development after the Approval of this Ordinance.
3. Applicant shall reimburse the Village for all of the Village's reasonable
costs (including without limitation engineering, planning, and legal
expenses) incurred in connection with the preparation, review,
consideration and, approval of the Planned Development and this
Ordinance in accordance with the Village Code,
4. Applicant, or any future Owner (as defined in Section 5.E of this
Ordinance), as applicable, shall reimburse the Village for all of the
Village's reasonable costs (including without limitation engineering,
planning, and legal expenses) incurred in connection with the
implementation or enforcement of this Ordinance by the Village following
the approval hereof.
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An Ordinance Approving A Planned Development
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5. In addition to any other remedies and rights available to the Village, any
amount owed by Applicant, or by any future Owner, under this Section
5.D that is not paid within sixty (60) days after delivery of a demand in
writing for such payment shall, along with interest and the costs of
collection, become a lien upon the Property (or that portion of the
Property to which the unpaid amount relates), and the Village shall have
the right to foreclose such lien in the name of the Village as in the case of
foreclosure of liens against real estate.
E. Definition of Owner Transferees, Consents.
The rights and obligations set forth in this Ordinance and in the
Unconditional Agreement and Consent shall be binding on the Applicant,
any and all of the Applicant's heirs, successors, and assigns, and any and
all successor legal or beneficial owners of all or any portion of the
Property in accordance with the provisions of this Section 5.E.
2. Prior to or contemporaneously with transferring any portion of the
Property, each transferring Owner (as defined herein), including
Applicant, shall make a commercially reasonable attempt to cause the
transferee -Owner to execute an unconditional agreement and consent in
the form attached hereto as Exhibit G and to deliver an original of that
Agreement to the Village. Applicant and each Owner shall be released
from its obligations under this Ordinance only in the event that a
successor Owner does, in fact, execute and provide to the Village an
unconditional agreement and consent in the form attached hereto as
Exhibit G, and only to the extent and with respect to the portion of the
Property acquired by the successor Owner. The failure of the Applicant
or an Owner to provide the Village with an unconditional agreement and
consent in the form attached hereto as Exhibit G for its successor Owner
as herein provided shall result in the Applicant or such Owner remaining
fully liable for all of its obligations under this Ordinance but shall not
relieve the successor Owner of its liability for all such obligations as a
successor to the Applicant or transferring Owner. Each successor Owner
shall become bound to the obligations created by this Ordinance by virtue
of acquiring the Property or any portion thereof, regardless of whether
such successor Owner executes and delivers an unconditional agreement
and consent in the form attached hereto as Exhibit G.
3. To the extent consistent with, and without affecting the validity of, Section
5.E.2 of this Ordinance, the rights and obligations created by this
Ordinance and the Unconditional Agreement and Consent shall bind and
run with the land comprising the Property. "Owner" of the Property shall
mean the person holding fee title to the Property, or any portion thereof,
regardless of whether or to what extent such person has executed the
Unconditional Agreement and Consent or another unconditional
agreement and consent in the form attached hereto as Exhibit G.. The
rights and obligations set forth in this Ordinance, including but not limited
to rights and obligations arising from the Unconditional Agreement and
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Consent or another unconditional agreement and consent in the form
attached hereto as Exhibit G, shall be binding on each Owner only with
respect to that portion of the Property in which such Owner holds fee title
(or holds the beneficial rights of a land trust holding fee title) and, subject
to Section 5.E.2 of this Ordinance, only during the time when such Owner
holds fee title (or holds the beneficial rights of a land trust holding fee
title).
"Owner" shall not include any ground lessee unless: (i) the terms of such
ground lease expressly provide that the ground lessee is to serve as
Owner for purposes of this Ordinance and applicable unconditional
agreement and consent; (ii) the ground lessee executes and delivers to
the Village an unconditional agreement and consent in the form attached
hereto as Exhibit G; and (iii) the Village is provided with a written notice
indicating the term of such ground lease and the ground lessee's contact
information for purposes of delivering notices hereunder. "Owner" shall in
no event include a person whose only interest in the Property or
applicable portion thereof is a mortgage or other security interest. In the
event that fee title to the Property or portion thereof is held in a land trust,
the "Owner" shall be the beneficiary of such land trust.
For purposes of delivering written notices to the Owner under this
Ordinance, the Village shall be entitled to utilize the taxpayer addresses
maintained by the township assessor for the Property or applicable
portion thereof, regardless of whether or to what extent the Village has
received notice from a transferee of an interest in the Property indicating
that such transferee is an Owner under this Ordinance.
In the event that the Property has multiple Owners:
(a) An individual Owner may apply for building permits or licenses
without the consent of any other Owners;
(b) Applications for amendments to this Ordinance that would modify
the boundaries of the Property shall require the consent of all
Owners; and
(c) Applications for any other type of amendment to this Ordinance
shall require the consent of every Owner whose portion of the
Property would be bound by such amendment.
F. Violations. Any violation of this Ordinance shall be deemed a violation of the
Zoning Regulations and shall be subject to enforcement proceedings under the
Zoning Regulations. Except as provided in Section 5.E.1 of this Ordinance, no
Owner shall be held liable, however, for violations of this Ordinance by another
Owner.
G. Phasing. In accordance with the Section 4.D and Exhibit F of this Ordinance,
notwithstanding provisions in the Zoning Regulations to the contrary, including
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but not limited to Section 13-15-7, Subsections (C) and (D) and (H), neither this
Ordinance nor the Planned Development approved hereby are or shall be
terminated or terminable, in whole or part, if one or more Specialty Retail
elements is dormant from time to time or at any time, it being expressly
acknowledged that all or some of the uses permitted by this Ordinance may be
periodically introduced, suspended, discontinued, and then reintroduced on a
regular or irregular basis, depending on weather, holidays, contractual
arrangements, market conditions, and other factors relevant to their operations.
Section 6: Amendments. Any major or minor amendment to any provision of this
Ordinance may be granted only pursuant to the procedures, and subject to the standards and
limitations, provided in the Zoning Regulations for the granting of such Planned Development
amendments. Further, application for any such amendments shall be subject to Section 5.E.6
of this Ordinance.
Section 7: Failure to Comply With Conditions. Upon the failure or refusal of the
Applicant or any other Owner to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted pursuant to this Ordinance shall, at the discretion of the President and Board
of Trustees, by ordinance duly adopted, be revoked and become null and void with respect to
the portion of the Property owned by the Applicant or any such other Owner.
Section 8: Effective Date. This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in pamphlet form in the manner provided by law;
provided, however, that this Ordinance shall be of no force or effect unless and until Applicant,
as the sole current Owner, has caused a duly authorized person to execute and file with the
Village the Applicant's Unconditional Agreement and Consent, in the form attached hereto as
Exhibit G. If the Applicant does not file its Unconditional Agreement and Consent with the
Village within 30 days following the passage of this Ordinance, or within such greater time as
the Village Board may approve by motion, the Village Board may, in its discretion and without
public notice or hearing, repeal this Ordinance and thereby revoke the approvals granted in this
Ordinance. Upon this Ordinance having full force and effect, the Village Clerk shall cause this
Ordinance and the Unconditional Agreement and Consent to be recorded against the Property
in the Office of the Du Page County, Illinois Recorder of Deeds.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2015-ZO-PUD-EX-S-1414
An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
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APPROVED THIS 27th day of January, 2015.
Gopal G. Lalmalani
Village President
PASSED THIS 27th day of January, 2015.
Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf
None
Absent: Trustee Baar
ATTEST:
Charlotte K. Pruss
Village Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Situated on Illinois State Route "83", in the Village of Oakbrook, DuPage County, Illinois Lands
being a part of Lot 5 of Oakbrook Terrace, being a subdivision of part of Section 23, Township
39 North, Range 11 East of the 3rd Principal Meridian, DuPage County, Illinois, bounded and
described as follows:
Commencing at the Northeast corner of Lot 5 of Oakbrook Terrace; thence South 01°05'38"
West along the East line of said Lot 5 a distance of 674.01 feet to a point; thence North
88°54'22" West 66.42 feet to a point; thence South 51034'24" West along the Southeasterly line
of Lot 1 in Nordstrom Assessment Plat and its extension 264.08 feet to the Southerly most
Corner of said Lot 1; thence North 38025'36" West along the Southwesterly Line of said Lot
217.60 feet to the point of beginning of lands to be described; thence South 51°34'56" West
56.93 feet to a point; thence South 15°55'04" East 32.13 feet to a point; thence South 51'34'56"
West 301.98 feet to a point; thence South 68°20'31" West 50.65 feet to a point; thence South
55°44'21" West 33.02 feet to a point; thence South 44°30'05" West 38.66 feet to a point in
Easterly line of Lot 6 of Oakbrook Terrace; thence North 38°25'04" West along said Easterly line
343.21 feet to A Southerly corner of Lot 7 of Oakbrook Terrace; thence North 51 °34'56" East
along the Easterly line of said Lot 350.03 feet to the Easterly corner of said Lot; thence North
01°05'31" East along said easterly line 221.45 feet to a point in the extension of the
Southwesterly line of Lot 1 of Nordstrom Assessment Plat; thence South 38025'36" East along
said Southwesterly line and its extension 496.61 feet to the point of beginning,
Containing 183,245 square feet or 4.2067 Acres
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APPLICATION
F Oqk VILLAGE of OAK BROOK
' Community Development Department
Y 1200 OAK BROOK ROAD
zi'eg00 4" OAK BROOK, IL 60523
630-368-5103
APPLICATION for
PLANNED DEVELOPMENT
0 NEW PLANNED DEVELOPMENT ($1,500)* Q EACH WAIVER or VARIATION ($500)**
❑ MAJOR CHANGE TO AN EXISTING PLANNED DEVELOPMENT ($1,500)*
❑ MINOR CHANGE TO AN APPROVEDIEXISTING PLANNED DEVELOPMENT ($750)*
R INITIAL ESCROW DEPOSIT ($500)***
PUBLIC HEARING SIGNS (each lot frontage) 4 - Enter Number of Street Frontages/Per Parcel
* Plus all applicable third party costs and recoverable expenses.
** List each waiver or variation on separate sheet with applicable fees calculated.
** From which anticipated third party costs and recoverable expenses are to be drawn. No interest shall be
payable on any such escrow account. :Subject property has no street frontage, but Applicant and Village have agreed to post
APPLICANTt UO COMPLETE
notice signs at 4 entrances to the shopping center that surrounds the subject property.
•.
NOTE: ALL AP PLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT
LOCATION OF Interior portion of Oakbrook Center.
SUBJECT PROPERTY per attached Exhibit A
PERMANENT PARCEL N0, 06 23 300 049 (podion)
LEGAL ADDRESS Subject property has no legal addresses ZONING DISTRICT B2
PROPERTY INTEREST OF APPLICANT: OWNERX❑ CONTRACT PURCHASER' ❑ AGENT' ❑
OWNER(S) OF RECORD Oakbrook Shopping Center LLC
ADDRESS cro General Growth Properties, 110 N. Wacker Drive CITY Chicago
NAME OF APPLICANT'(and Billing Information) Oakbrook Shopping Center LLC
ADDRESSeto General Growth Properties, 110 N. Wacker Drive CITY
Contact E-mail Address dcassel@vedderprice.com
Chicago
PHONE 312-960-2954
STATE IL Zip 60606
PHONE 312-960-2954
STATE IL Zip 60606
I (we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my (our)
knowledge and belief. I (we) give permission to the Village to install public hearing signs on the lot frontages of the above subject property as described
in the Village CQde. In addih'on to the above fees, applicant agrees to reimburse the Village for II recoverable costs within 30 days of billing
oe.4b reds%V%tenl:s y�..t LL L 0-6,S41ft "e, CM ,4" "Lt)„•, �— 11/13/2014 _�� ��..�_� 11/13F2014
Signature of Owner Date ISignature of Applicant' Date
'If the applicant/Agent is not the owner of record, a written statement authorizing approval of the proposed planned development application is
required from the property owner in addition to their signature above and supporting documents.
DO NOT WRITE IN THIS SPACE - FOR OFFICE USE ONLY
Date Application Filed/-/9-f'f Fee Paid $*Oa o Escrow Paid $ SOD- Receipt No. 3//800 Received By
Preliminary Board of Trustees Review / °'L`/ -/y Prefiling Review Conference with Staff 4'a `j /�/ Resident Meeting Required/Date
Application Distributed to Depts: fl-1�/ /'F Notice/Published /(-Jf'/ Newspaper Dally Herald Adj. Property Owners Notified
Planned Development Commission
Board of Trustees 4 Board of Trustees
(Approval of Ordinance)
rjem-r trl Ue4 Planned Development Application 7-2011
OalrhrookCenter• ?'heater Planned Development
BriefNarr ative Overview for• Planned Development Commission
Oakbrook Shopping Center, LLC ("Petitioner") has been engaged in a multi-year, multi-million dollar
effort to renew and revitalize Oakbrook Center. The initial phases of this renewal program have
involved extensive redevelopment of hardscape, landscape, lighting, seating, wayfinding, and water
features within interior areas of the Center. Facilitated by the Village's approval of the Center's
Common Area Planned Development, earlier this year, Petitioner has been able to continue its renewal
efforts with new pavilion buildings, a revised specialty retail program, and the creation of new digital
screen improvements for the "Village Green" area.
As discussed with Village staff in preparation for this submittal, the next phase of Petitioner's renewal
efforts would require the establishment of a second Planned Development for the Center, pursuant to
Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois (the "Zoning Ordinance').
In accordance with Chapter 15 of the Zoning Ordinance, the proposed Planned Development is being
brought before the Village's Planned Development Commission for its consideration. In addition to the
other materials provided in support of the Planned Development application, Petitioner is providing
this brief narrative to describe the overall character, intensity, uses, and nature of the proposed Planned
Development.
Boundaries
The boundaries of the proposed Planned Development are limited to interior portions of the Center
generally comprised of Building "G" and adjacent surface parking lot. The land area within the
proposed Planned Development is approximately 4.2 acres, or 8.2% of the overall Center.
Proposed Physical Improvements
As illustrated in the enclosed Plans, Petitioner is envisioning three primary elements for the Center's
new Planned Development. First, an existing northerly surface parking lot would be replaced with a
12 -screen luxury movie theater. Second, the theater would be located above new structured parking,
with approximately 475-500 parking spaces (which would replace the existing surface lot spaces and
provide parking for the new cinema's building area at the ratio required by the Zoning Ordinance). As a
third component, Building G's top level ("M2") would be substantially redeveloped as a restaurant and
casual dining zone, including an open-air "Corridor" with similar amenities to those established through
the Common Area Planned Development. The Corridor, along with other new vertical and horizontal
connections, will visually and physically link existing areas of the Center with the new cinema,
reconfigured retail and dining areas, and new parking.
ArchitecturalStvle
Per the enclosed Plans, the new improvements will have limited visibility from most properties outside
of the Center due to the Center's existing buildings, perimeter landscaping and topography.
Nevertheless, be directed Likewise, taking into consideration potential sight lines for residential
neighbors north of 16th Street, Petitioner has proposed limited lighting accents and specific signage
parameters for the new building's north facade.
Proposed Uses — Ancillary Theater Project
As noted above and in the attached Plans, proposed uses within the Planned Development will be
comparable to existing B2 uses found elsewhere in the Center, but with an emphasis on dining and
entertainment. In conjunction with Petitioner's goals to increase entertainment uses at the Center, the
existing 4 -screen theater located in the "F" Building is being renovated and reactivated, but this
separate project does not require Planned Development approval and will not be included in the new
Planned Development.
CHICAGO/42641308.3
Zoning Ordinance Section
Brief description of each waiver or variation sought
Fee Each
13-7-3-B
The Ordinance establishing the Theater Planned Development (the "TPD Ordinance") would allow the property's open-air corridor (the
"Cmrtdor;'as shown on the Site Plan)to have uses occurring outside completely,enclosed buildings, including buildings with retractable walls,
adjacent outdoor dining, outdoor ticket kiosks, the Specialty Retail Program defined below and entertainment uses.
$500.00
13-713-1 and -2
The TPD Ordinance would allow the Corridor to have, as permitted uses, outdoor dining, markets, live
entertainment and Specialty Retail satisfying the applicable criteria set forth in 13-7B-2,
$500.00
13-11-4,13-11-7 and 13-11-9-B
The TPD Ordinance would permit the Cinema's North, East and West Facades to have signage
substantially consistent with the enclosed sign plans and standards detailed below.
$1500.00
(_ $500 x 3)
13-15 -.7-C, -D, and -H
The TPD Ordinance would permit the enclosed Project Schedule.
$500.00
TOTAL
$4,000.00
(To continue copy or retype form and Attach additional sheets if necessary)
PLANNED DEVELOPMENT APPLICATION 7-2011
PLANNED DEVELOPMENT•PALLOWANCES:
,
Section: 13-15-4
Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the
property on which a Planned Development or Planned Development amendment is proposed, may be approved in
accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development
amendment. The applicant shall specifically identify each site development departure and demonstrate how each
departure will be compatible with surrounding development and is not inconsistent with the Planned Development
standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the
ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the
otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation.
Identify each waiver below and if applicable refer to the nnae(s:) of the site develnnment nlan that the denarture can be
found. Allow the open-air corridor connecting the new Cinema and Building G at level M2 (the
"Corridor") to have uses occurring outside enclosed buildings, including: retractable walls,
outdoor dintng for restaurants, outdoor ticket kiosks, and a Specialty Retail Program, to be defined
Code Section 13-7-3-B Relief SOughtin the TPD Ordinance as: "(a) kiosks and portable carts for preparation, sale and consumption of
food and beverage, outdoor seating for adjacent restaurants, sale of prepackaged food and beverage, packaged food gift items not intended for immediate
consumption, and nonfood merchandise, (b) product introduction or promotional activities, and (c) entertainment, such as live and recorded music."
RESPONSE: Section 13-7-3-B requires that commercial activities, with five noted exceptions, occur only within enclosed buildings. The
Corridor however, will have a unique physical configuration and a special purpose for which application of 13-7-3-B is unnecessary, maybe
even counter-productive. First, application of 13-7-3-B is somewhat unnecessary for the Corridor, since it will be an outdoor space surrounded
on all sides by buildings. Outdoor activities within the Corridor cannot cause any harm or nuisance to other property owners because
Oakbrook Center itself surrounds this area. Second, General Growth has undertaken a multi-year, multi-million dollar effort to renew and
activate the Center's interior common areas. The &Tical components have included extensive redevelopment of landscaping, paving, lighting,
seating, water features, the new pavilion buildings, the common area Specialty Retail Program, the Village Green Digital Screen, and new
wayfrnding signage. But the effort's over -arching purpose has been to improve the common area for visitors to passively and actively enjoy in
new ways. A similar activation for the Corridor will not be technicafly possible if 13-7-3-B is applied, Applicant hopes the Corridor will
provide a_positive experience for visitors by allowing them an enclosed but open-air space, with seating and climate control facilities so that
they can comfortably rest, socialize, dine and be entertained. These components are intended to add energy, interest and activity to the
Corridor and to draw people to the rest of the Center from the Cinema, and vice versa.
Code Section 13-7B-1 and -2 Relief Sought The TPD Ordinance would allow the following as permitted uses within the
Corridor: (i) outdoor dining adjacent to restaurants, (2) ticket kiosks, and (3) a Specialty Retail Program (as defined above) satisfying the
Criteria set forth in 13-7B-2, including entertainment and private events.
RESPONSE:
Continuing from the preceding Response, Applicant is hoping the Corridor area will make visits to Oakbrook Center more enjoyable in
several wa s. The Corridor will have climate -controls, increasing comfort for adults, seniors and children during winter weather and
summer heat. Given that the Center's restaurants remain concentrated elsewhere, outdoor dining and Specialty Retail within the Corridor
will offer food and beverage that is more conveniently located near shopping areas. By investing to create this new and complementary
amenity area, General Growth will be better able to ensure that Oakbrook Center retains its position as a key destination for Village
residents, the metropolitan region, and tourists, particularly in the face of increased competition from rival, multi -use developments in
downtown Chicago and nearby suburbs.
(To continue, Copy or retype form and attach additional sheets if necessary)
PLANNED DEVELOPMENT APPLICATION 7-2011
(UPDATED 12-16-20141
PLANNED DEVELOPMENT - SITE DEVELOPMENT ALLOWANCES:
Section: 13-15-4
Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the
property on which a Planned Development or Planned Development amendment is proposed, may be approved in
accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development
amendment. The applicant shall specifically identify each site development departure and demonstrate how each
departure will be compatible with surrounding development and is not inconsistent with the Planned Development
standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the
ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the
otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation.
Identify each waiver below and if applicable refer to the page(s) of the site development plan that the departure can be
found. 13-11-4-A and -E,
13-11-7-1), and
Relief Sought
Code Section
13-11-9-1i rhe ""n Ordiumxe ,mild permit the Cinema building to have signage in sulo
bslambd contimmee with the
'
sp ti fcatmns described below and following sig rage phnr (q Oakbrmok L2 Px[edor Slg rage 60% Des'gn Packa¢e dated 11-26-2014 consisting df 8 mages (the "11/26 W g and (2)
schematic Elevation 1 and Schematic Elevation 2 both dated 11-12-2014.
RESPONSE: Applicant has worked with the anticipated anchor tenant and professional lighting, signage and architectural consultants to
develop the attached signage plans and following signage parameters. The north facade will have three sections. The central section will
essentially be the solid opaque north wall of the cinema structure. The left and right sections will be ornamental metal wings projecting
from the central section These wings will have an open -mesh style that allows light and shadow patterns on the recessed building walls
behind 'I'he north facade will have no more than 6 signs (one for the cinema tenant no more than four other tenant signs, and a sixth sign,
denoting IMAX but only if the theater has IMAX capabilities). As shown in the plans the anchor (cinema) tenant will be identified towards
the top of the left section with an individual letter sign that is colored (not white) and both internally and externally illuminated. If the
theater has IMAX capability, [MAX could be denoted in a sign to the right of the cinema sign. The cinema signs (excluding IMAX
references) will not exceed 280 square feet in area 8' in height or 33' in width. The IMAX signs (if any) will not exceed 50 square feet in area,
3' in height or 16' in width Up to four other tenant signs may be located within the bottom left quarter of the north facade (with exact
locations to be identified at point of permitting) None of these other tenant signs will exceed 8' in height or 280 square feet in area. Like
the anchor tenant signs these lower tenant signs may be both internally and externally illuminated. None of the foregoing will box signs.
Code Section 13-15-7-C, -D, and -H-Relief Sought
The CAPD Ordinance would permit the enclosed project schedule, notwithstanding the referenced Code sections.
As noted in the enclosed project schedule, Applicant is seeking flexibility for the construction of the new cinema, parking and
Building G improvements In addition to standard scheduling considerations such as development of final architectural and civil
plans weather, and permitting -- flexibility may be particularly necessary for this planned development to accommodate the
many existing Building G tenants in the area of reconfiguration, the scheduling needs of the anchor cinema, seasonal activities at
the Center, and adjacent anchor stores. As explained in the enclosed project schedule, Applicant is also seeking flexibility for the
introduction and periodic modification and discontinuance of the outdoor uses within the Corridor, similar to the flexibility
provided in the Common Area Planned Development.
[UPDATED 12-16-2014]
(To continue, Copy or retype form and attach additional sheets if necessary)
PLANNED DEVELOPMENT APPLICATION 7-2011
Ordinance 2015-ZO-PUD-EX-S-1414
An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
Page 13 of 17
EXHIBIT C
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Ordinance 2015-ZO-PUD-EX-S-1414
An Ordinance Approving A Planned Development
(Oakbrook Shopping Center — Theater Building and Upper Level of Building G)
Page 14 of 17
EXHIBIT D
PDC RECOMMENDATION
Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Website
ww%oak-brook.org
Administration
630.368.5000
FAX 630.368.5045
Community
Development
630.368.5101
FAX 630.368.5128
Engineering
Department
630.368.5130
FAX 630.368.5128
Fire Department
630.368.5200
FAX 630.368.5251
Police Department
630.368.8700
FAX 630.368.8739
Public works
Department
630.368.5270
FAX 630.368.5295
Oak Brook
Public Library
.600 Oak Brook Road
Oak Brook, IL 60523-2200
630.368.7700
FAX 630.368.7704
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523-4600
630.368.6420
FAX 630.368.6439
Golf Club
2606 York Road
Oak Brook, IL 60523-4602
630.368.6400
FAX 630.368.6419
January 7, 2015
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
SUBJECT: Oakbrook Shopping Center, LLC — 100 Oakbrook Center — Planned
Development — A 12 -screen luxury movie theater, structured parking for
at least 475 cars and additional space for new restaurants.
Dear Village President and Board of Trustees:
Background
On December 11, 2014, the Planned Development Commission held the required
public hearing and completed its review and deliberations on an application from
Oakbrook Shopping Center, LLC, (as owner and applicant) seeking approval of a
Theater Planned Development to accommodate the construction of a new building to
accommodate new movie theaters, structured parking and restaurants. These
improvements are the next step in GGP's multi-year program to renew and renovate
Oakbrook Center. They provided a presentation of the proposed development before
the President and Board of Trustees on October 14, 2014 and the request was well
received, pending a thorough review and recommendation before the Planned
Development Commission.
Specifically, this planned development will include the following elements:
1. Construction of a 12 -screen luxury movie theater;
2. Adding structured parking for approximately 475-500 cars; and
3. Redeveloping/reconfiguring a portion of "Building G's" top level (M-2) to
create a restaurant and casual dining zone.
The new planned improvements will have limited visibility from a majority of the
properties outside of Oakbrook Center due existing buildings, perimeter landscaping,
and topography. The architecture of the planned improvements will be consistent to
the existing building facades.
A requirement of the Planned Development process is for the applicant to provide a
list of waivers and variations that are needed in order to obtain approval and to
construct the desired project (see page 14 and D of the case file). The following
summarizes each of the waivers and variations being requested.
® Section 13-7-3B: waiver to permit the property's open-air corridor as depicted
in the attached site plans to have uses occurring outside a completely enclosed
building, including buildings with retractable walls, adjacent outdoor dining, outdoor
January 7, 2014
Village President and Board of Trustees
RE: Oakbrook Center — Planned Development — Common Areas
Page 2
ticket kiosks, the specialty retail program as defined by this request and entertainment
uses.
® Section 13-713-1 and 2: to allow the corridor as depicted in the attached site
plans to have, as permitted uses, outdoor dining, markets, live entertainment and
specialty retail satisfying the applicable criteria set forth in Section 13-713-2.
® Sections
13-11-4, 13-11-7 and 13-11-9-B: to permit the proposed Cinema's
north, east and west fagades to have signage substantially consistent with the enclosed
sign plans including the supplemental signage for the AMC/IMAX signs as detailed
by this request (See page 15 of the case file).
o Sections
13-15-7-C, D and H: to permit the proposed project schedule.
Key elements of the Oakbrook Center Theater Planned Development project are
summarized in
the following (All are included in the "Oakbrook Center Theater
Planned Development Exhibit dated November 12, 2014 (See Index - page M of the
case file unless noted otherwise):
1
Table of Contents
2-3
Location Plan and overview map
4-7
Existing Conditions
8
Level P1 Diagram
9
Level P2A Diagram
10
Level P3 and MI Diagram
11
Level M2 Diagram
12
Theater imagery of interior build -out
13
Elevation Perspective
14
Section Diagram
15-17
Schematic elevations and Perspective
18
Existing site plan
19
Parking deck site plan
20
Parking deck planting details
21-26
Exterior Facades/Lighting Details
27
Parking ratio exhibit
28
Floor Plans PIA and P2A
29
Floor Plans P3 and M2
30
Drainage Exhibit.
31
Pervious Area Exhibit
32
Utility Exhibit
33
Photometric Exhibit
34-36
Property Exhibit - Location of Planned Development Area in Mall
PDChairletter-OBC Theater-PD-Jan-2015-Final.doc
January 7, 2014
Village President and Board of Trustees
RE: Oakbrook Center —Planned Development— Common Areas
Page 3
Project Schedule and Security Plan Statement (see case file page F)
Theater Planned Development Traffic Impact Study (see case file page 12)
Reciprocal Easement Agreement (See case file page O)
Supplemental Exterior Signage Graphics (See case file page 15)
Please see the materials provided by the petitioner in the case file for a more detailed
description and the rationale for the requested approval of the proposed Oakbrook
Center Theater Planned Development.
Public Comment
All interested parties were notified of the public hearing. Jeff Kennedy, president of
the Oak Brook Club Homeowner Association, Chairman Davis of the Commercial
Revitalization Committee and Streetscape Committee, commented that the applicant
met with approximately 75 residents of the Oak Brook Club to review/discuss the
proposed theater project. As a result of that meeting, the Oak Brook Club is
supportive of the proposed project. An additional caveat from the meeting with the
Oak Brook Club; it was stated that a formal pedestrian access needs to be constructed
in the future somewhere north of the proposed theater project area that would connect
to 16th Street.
Recommendation
The standards .for a planned development are very detailed and were addressed in
writing on pages E -E.7 of the case file. They were also addressed as part of the
presentation at the public hearing.
By a vote of 6 to 0, the Planned Development Commission found that the applicant
had addressed all required standards and recommend approval of the proposed Theater
Planned Development for the Oakbrook Shopping Center to allow the construction
and use of the proposed improvements as presented, subject to the following
conditions:
1. Development is to be in substantial conformance with the approved plans for the
Theater Planned Development. The approved plans consist of the, exhibits and
statements submitted by the Applicant, subject to the revised and supplementary
exhibits and statements submitted as included in the case file. The Development
as t depicted and described in the approved plans include the ,following five
components:
A. Construction of a new building that includes a 12 -screen movie theater and
structured parking for at least 475 cars;
PDChairletter-OBC Theater-PD-Jan-2015-Pinal.doc
January 7, 2014
Village President and Board of Trustees
RE: Oakbrook Center — Planned Development — Common Areas
Page 4
B. Redevelopment and reconfiguration of a portion of "Building G's" top level
(M-2) to create a restaurant and casual dining zone as well as an open-air
corridor connecting to the new building;
C. Pursuant to relief to be documented in the Theater Planned Development
Ordinance, operation of uses .within the open-air corridor that may occur
outside of completely enclosed buildings, including building areas with
retractable walls, outdoor dining adjacent to restaurants, outdoor ticket
kiosks, and the specialty retail program as defined in Applicant's proposal
satisfying the applicable criteria set forth in Section 13-7B-2 of the Village
Code, including entertainment and private events.
D. Pursuant to relief to be documented in the Theater Planned Development
Ordinance, signage on the new cinema's north, east and west facades in
substantial conformance with the approved sign plans and standards (noting
that Applicant's prior request for relief regarding box signs was eliminated);
E.. Pursuant to relief to be documented in the Theater Planned Development
Ordinance, development in accordance with the approved Project Schedule
as submitted by Applicant; and
2. Any liquor license permitting the sale of alcohol within the Open Air Corridor
shall impose such conditions as are necessary to ensure that the subject portion
of the Property where liquor is to be served will be sufficiently fenced,
monitored, and otherwise controlled to: (a) prevent customers from removing
liquor from the licensed premises; and (b) prevent anyone other than customers
or employees of the licensed premises from accessing liquor within the licensed
premises.
Very truly yours,
O ,
Champ avis
Chairman
Planned Development Commission
PDChairleaer-013C Theater-PD-Jan-2015-Final.doc - -
Ordinance 2015-ZO-PUD-EX-S-1414
An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
Page 15 of 17
EXHIBIT E
13-76-2 Conditions for Farmers Markets and 13-713-2 Conditions for Specialty Retail Program
1. Conditions for Farmers Markets (meaning Farmers' markets and/or French markets
involving the sale of flowers, culinary accessories and edible items for consumption off the
premises) within the Planned Development:
A. Sale of used or preowned items is not permitted.
B. Farmers' market and/or French market may be conducted no more than one day per
week.
C. All signage and setback requirements of the B2 zoning district must be met.
D. The event will not impose any undue traffic or parking burden on surrounding properties
and streets.
2. Conditions for Specialty Retail:
A. All aspects of the operation and sales meet the applicable requirements of the DuPage
County health department.
B. Specialty retail program facilities have appropriate utilities.
C. Specialty retail program facilities are not convenient to drive -up businesses
D. Specialty retail program facilities do not materially interfere with access to or visibility of
other establishments within the shopping center.
Ordinance 2015-ZO-PUD-EX-SA414
An Ordinance Approving A Planned Development
(Oakbrook Shopping center— Theater Building and Upper Level of Building G)
Page 16 of 17
4 lt)3)[)i
OAKBROOK CENTER THEATER PLANNED DEVELOPMENT
PROJECT SCHEDULE STATEMENT
Project Schedule for Building G Reconfiguration and for Theater and Parking
Structure
The corporate authorities may declare the approval of the Planned Development null
and void if Owner does not file a complete application for a building permit relative to the
proposed Planned Development within eighteen (18) months after the date of adoption
of the attached ordinance.
The corporate authorities may declare the approval of the Planned Development null
and void if construction has not commenced within twenty four (24) months of permit
issuance or is not completed within twenty four (24) months of commencement.
The foregoing is the approved Phasing Plan for the Planned Development pursuant to
Section 13-15-7-E of the Zoning Ordinance and supersedes contradictory deadlines in
Section 13-15-7-C and 13-15-7—D of the Zoning Ordinance.
Project Schedule for Corridor Uses
The outdoor uses within the Corridor area, including Specialty Retail activities,
entertainment and mobile retail elements may be introduced, suspended, discontinued,
and re -introduced on an irregular basis, depending on weather, holidays, contractual
arrangements, market conditions, and other factors. Accordingly, the attached
Ordinance shall not be terminable, in whole or part, if one or more of these elements is
postponed or dormant from time to time, notwithstanding 13-15-17-H of the Zoning
Ordinance.
Ordinance 2015-ZO-PUD-EX-S-1414
An Ordinance Approving A Planned Development
(Oakbrook Shopping Center—Theater Building and Upper Level of Building G)
Page 17 of 17
W7 M 1I -I
UNCONDITIONAL AGREEMENT AND CONSENT
Pursuant to Section 8 of Village of Oak Brook Ordinance No. 2015-ZO-PUD-EX-S-
1414 (the "Ordinance', and to induce the Village of Oak Brook to grant the approvals
provided for in such Ordinance, the undersigned acknowledges for itself, and for its
corporate successors and assigns in title to the Property, that it:
has read and understands all of the terms and provisions of the Ordinance;
2. hereby unconditionally agrees to accept, consent to, and abide by all of the
terms, conditions, restrictions, and provisions of the Ordinance, and to all
other provisions of the "Zoning Ordinance of the Village of Oak Brook, Illinois
of 1966," as amended, and all other codes, ordinances, rules, and
regulations that are applicable to the use, development, improvement, and
operation of the property subject to the Ordinance;
3. acknowledges and agrees that the Village is not and shall not be, in any way,
liable for any damages or injuries that may be sustained as a result of the
Village's issuance of any permits for the use of the Property, and that the
Village's issuance of any permit does not, and shall not, in any way, be
deemed to insure the undersigned against damage or injury of any kind and
at any time;
4. acknowledges that the public notices and hearings have been properly given
and held with respect to the adoption of the Ordinance;
5. agrees to and does hereby hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials,
officers, employees, agents, representatives, and attorneys, from any and all
claims that may, at any time, be asserted against any of such parties with
respect to the Property and the Village's adoption of the Ordinance or
granting the approvals set forth in the Ordinance, except as may arise as a
result of the Village's gross negligence or willful misconduct;
6. represents and acknowledges that the person signing this Unconditional
Agreement and Consent is duly authorized to do so on behalf of the
undersigned; and
7. consents to the recordation of the Ordinance and this Unconditional
Agreement and Consent by the Village Clerk with the Office of the Du Page
County, Illinois Recorder of Deeds against the property subject to the
Ordinance.
OAKBROOK SHOP NT ER, LLC
By:
Its: NATw
Effective Dat,q of Unconiti nal Agreement and
Consent: ircm-vv�-v i .2015